Texas 2017 - 85th Regular

Texas Senate Bill SB1054 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R7004 MAW-D
2	2	By: Estes S.B. No. 1054
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to increasing the punishment for certain offenses
8	8	committed by a person who is unlawfully present in the United
9	9	States; changing eligibility for parole and mandatory supervision.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 42.01, Code of Criminal Procedure, is
12	12	amended by adding Section 12 to read as follows:
13	13	Sec. 12. In addition to the information described by
14	14	Section 1, the judgment must reflect affirmative findings entered
15	15	pursuant to Article 42.0151.
16	16	SECTION 2. Chapter 42, Code of Criminal Procedure, is
17	17	amended by adding Article 42.0151 to read as follows:
18	18	Art. 42.0151. FINDING REGARDING DEFENDANT'S IMMIGRATION
19	19	STATUS. (a) In this article, "violent offense" has the meaning
20	20	assigned by Article 17.032.
21	21	(b) In the trial of a violent offense, the judge shall make
22	22	an affirmative finding of fact and enter the affirmative finding in
23	23	the judgment in the case if the judge determines that, at the time
24	24	of the offense, the defendant was not a citizen or national of the
25	25	United States and was not lawfully present in the United States.
26	26	SECTION 3. Subchapter E, Chapter 508, Government Code, is
27	27	amended by adding Section 508.1495 to read as follows:
28	28	Sec. 508.1495. RELEASE OF INMATE PENDING DEPORTATION. (a)
29	29	This section applies only to an inmate serving a sentence for a
30	30	violent offense, as defined by Article 17.032, Code of Criminal
31	31	Procedure:
32	32	(1) that was punished as a felony of the first degree,
33	33	other than an offense for which the punishment was enhanced under
34	34	Section 12.501, Penal Code; and
35	35	(2) for which an affirmative finding was entered in
36	36	the judgment pursuant to Article 42.0151, Code of Criminal
37	37	Procedure.
38	38	(b) Notwithstanding any other law, a parole panel may not
39	39	release on parole or to mandatory supervision an inmate to whom this
40	40	section applies unless:
41	41	(1) the parole panel determines that on release the
42	42	inmate would be deported to another country; and
43	43	(2) the inmate will be released only into the custody
44	44	of federal immigration authorities pending deportation.
45	45	SECTION 4. Subchapter D, Chapter 12, Penal Code, is amended
46	46	by adding Section 12.501 to read as follows:
47	47	Sec. 12.501. PENALTY IF OFFENSE COMMITTED BY DEFENDANT
48	48	UNLAWFULLY PRESENT. (a) In this section, "violent offense" has the
49	49	meaning assigned by Article 17.032, Code of Criminal Procedure.
50	50	(b) If the court makes an affirmative finding under Article
51	51	42.0151, Code of Criminal Procedure, in the trial of a violent
52	52	offense, other than an offense punishable as a felony of the first
53	53	degree, the punishment for the offense is increased to the
54	54	punishment prescribed for the next highest category of offense.
55	55	SECTION 5. The change in law made by this Act applies only
56	56	to an offense committed on or after the effective date of this Act.
57	57	An offense committed before the effective date of this Act is
58	58	governed by the law in effect on the date the offense was committed,
59	59	and the former law is continued in effect for that purpose. For
60	60	purposes of this section, an offense was committed before the
61	61	effective date of this Act if any element of the offense occurred
62	62	before that date.
63	63	SECTION 6. This Act takes effect September 1, 2017.